Archives > 1976 South Carolina Code of Laws - Previous Versions > 2004 Session > Title 40

This statutory database is current through the 2004 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2005 General Assembly, which will convene in January 2005, will be incorporated as soon as possible. Some changes enacted by the 2005 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.






SECTION 40-69-10. Legislative declaration of purpose.

It is declared that the practice of veterinary medicine involves the public health, safety, and welfare. To protect the public from being misled by incompetent, unscrupulous, unqualified, and unauthorized practitioners, and from unprofessional or illegal practices by persons licensed to practice veterinary medicine, and to insure that every person engaged in the practice of veterinary medicine meet minimum requirements, the practice of veterinary medicine should be regulated in the interest of the health, safety, and welfare of the citizens of South Carolina.

The General Assembly declares its intent that individuals who are not normally competent to practice veterinary medicine or who otherwise present danger to the public should be disciplined or prohibited from practicing in this State.

SECTION 40-69-20. Definitions.

As used in this article, these words and phrases have the following meanings unless the context clearly indicates otherwise:

(1) "Animal" means any animal other than a human, and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.

(2) "Board" means the South Carolina State Board of Veterinary Medical Examiners.

(3) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.

(4) "Practice of veterinary medicine" means:

(a) To diagnose, prescribe, or administer any drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of any wound, fracture, or bodily injury or disease of an animal;

(b) To perform any surgical operation, including cosmetic surgery, upon any animal;

(c) To perform any manual procedure for the diagnosis or treatment for sterility or infertility of animals, including embryo transplants;

(d) To offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for any animal disease, pain, injury, deformity, or physical condition;

(e) To use any words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine; this use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.

(5) "Veterinarian" means a person who has received a doctor's degree or equivalent in veterinary medicine.

(6) "Licensed veterinarian" means a person who is licensed by law to practice veterinary medicine in this State.

(7) "School of veterinary medicine" means any veterinary school or college that offers the DVM or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the Board.

(8) "License" means any permit, approval, registration, or certificate issued by the Board.

(9) "Temporary permit" means temporary permission to practice veterinary medicine issued pursuant to the provisions of this chapter.

(10) "Direct supervision" means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee.

(11) "Unprofessional or unethical conduct" includes, but is not limited to, any conduct of a character likely to deceive or defraud the public, fraudulent, false, or deceptive advertising which might mislead the public, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either directly or indirectly any unlicensed person to practice veterinary medicine or render any veterinary service except as allowed by law, or the violation of any rule adopted by the Board which provides for a code of professional ethics to be followed by persons licensed under this article.

SECTION 40-69-30. State Board of Veterinary Medical Examiners; membership; qualifications; terms; selection; vacancies; removal.

(A) There is created the State Board of Veterinary Medical Examiners to be composed of eight members, one of whom must be a consumer advocate member from the State at large, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts.Each veterinarian must be a resident of the State of South Carolina and of the congressional district which the veterinarian represents, licensed by the State, and practicing. The consumer advocate member must be a resident of the State.The terms of the members are for six years and until successors are appointed and qualify. No member is allowed successive terms of office.

(B) The veterinarian at large and the consumer advocate member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election shall provide for participation by all veterinarians currently licensed and residing in the district for which the nomination is being made. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C) The consumer advocate member may not vote on examination for licensure of veterinarians.

(D) The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, who must be given a copy of the charges at the time they are filed.

(E) If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and must take the same oath as required of other members of the board.

SECTION 40-69-40. Officers of Board; meetings; quorum.

The Board shall organize by electing a chairman, a vice-chairman, and a secretary-treasurer. The officers of the Board shall hold office for terms of one year and until their successors are elected and qualify. The Board shall meet at least once a year and at such other times as may be ordered by the chairman. Any action of the Board may be taken at any regular or special meeting and a majority of the members of the Board shall constitute a quorum.

SECTION 40-69-50. Compensation of Board members.

Each member shall receive the same per diem, mileage, and subsistence as provided by law for members of state boards, commissions, and committees for each day actually engaged in the duties of office, including a reasonable number of days for the preparation and reviewing of examinations in addition to such time actually spent in conducting examinations.

SECTION 40-69-60. Duties of secretary-treasurer; confidentiality of information.

The secretary-treasurer of the Board shall keep records of all the proceedings of the Board, shall receive and account for all monies received by the Board, and shall keep a register of licenses showing the dates of applications for licenses to practice veterinary medicine. All licenses issued by the Board must be numbered and recorded by the secretary-treasurer and, where a license is denied by the Board to any applicant, the fact and grounds for the denial must be entered in the minutes of the Board. The time of issuance or denial of a license must be noted along with the names of those Board members present and such file or record must be open to public inspection. Where a license is denied to an applicant or if a license is revoked or suspended, the fact and ground of the action must be communicated in writing to the applicant or holder of the license.

Information received by the Board through inspections and investigations must be confidential and must not be disclosed except in a proceeding involving the issuance, denial, renewal, suspension, or revocation of a license.

SECTION 40-69-70. Powers and duties of Board.

The powers and duties of the board must include, but not be limited to, the following:

(1) To adopt and promulgate regulations, pursuant to the State Administrative Procedures Act, governing the practice of veterinary medicine as are necessary to enable it to carry out and make effective the purpose and intent of this article. These regulations may include minimum standards for all facilities where veterinary medicine is practiced and minimum standards for continuing education for relicensure;

(2) To adopt rules of professional conduct prior to July 1, 1993, appropriate to establish and maintain a high standard of integrity, skills, and practice in the profession of veterinary medicine. In prescribing such rules of professional conduct, the board may be guided by the principles of veterinary medical ethics adopted by the American Veterinary Medical Association and the South Carolina Association of Veterinarians;

(3) To print its regulations and distribute them to all persons licensed to practice veterinary medicine in this State;

(4) To bring proceedings in courts for the enforcement of this article or any regulations made pursuant thereto;

(5) To establish qualifications for persons wishing to be licensed to practice veterinary medicine;

(6) To pass upon the qualifications of applicants for a license to practice veterinary medicine in this State;

(7) To approve schools and colleges of veterinary medicine which maintain sufficient standards of training and reputability;

(8) To prescribe the subjects, character, manner, time, and place of holding examinations and the filing of applications for examinations and to conduct the examinations;

(9) To issue temporary permits or licenses to duly qualified applicants;

(10) To provide for, regulate, and require all persons licensed in accordance with the provisions of this article to renew their license annually;

(11) To conduct investigations and hearings upon complaints calling for discipline of a licensee or applicant for license;

(12) To take testimony on any matter under its jurisdiction and to administer oaths;

(13) To issue summons and subpoenas, including subpoenas duces tecum, for any witness, in connection with any matter within the jurisdiction of the board, which must be signed by either the chairman or the secretary-treasurer of the board;

(14) (Reserved);

(15) To inspect licenses;

(16) To conduct investigations of all alleged violations;

(17) To prosecute according to law or instigate the prosecution of all violators of this chapter;

(18) To adopt regulations for the sale and dispensing of prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws.

SECTION 40-69-80. License required; examination of applicants.

(A) A person wishing to practice veterinary medicine in this State shall obtain a license from the board. Unless a person obtains a license, it is unlawful to practice veterinary medicine as defined in this article. If a person practices without a license that person is considered to have violated this article.

(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:

(a) is a graduate of a school or college of veterinary medicine approved by the board or holds an Education Commission of Foreign Veterinary Graduates Certificate;

(b) has paid the required fee.

SECTION 40-69-90. Temporary licenses.

(A) The board may issue a temporary permit to practice veterinary medicine to an applicant if the applicant meets these qualifications:

(1) meets all qualifications and requirements of Section 40-69-80;

(2) has filed an application to take the examination;

(3) is located permanently at some designated place in the State;

(4) pays a temporary permit fee which must be set by the board in regulation promulgated in accordance with the Administrative Procedures Act. This fee is in addition to the examination fee;

(5) holds a current and valid license to practice veterinary medicine in another state of the United States.

(B) An individual failing to pass the examination for a license in this State must not be issued a temporary permit.

(C) The temporary permit entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant completes the next regularly scheduled examination and is not renewable. Only one temporary permit may be issued to a person. A person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary permit renewed until the board is able to act on the application after the person completes the required examination.

SECTION 40-69-100. Application for examination; fee; notice of examination.

Any person desiring to take the examination for license to practice veterinary medicine shall make application in writing to the Board on forms prescribed by the Board at least fourteen days before the examination. The application must be accompanied by the examination fee which must be set by the Board.

Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws his application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the Board may allow him to take the examination at a later date without having to pay another fee.

After the Board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary medicine, the applicant may be examined by the Board at its next meeting. The Board shall give notice to the applicant of the exact time and place of the examination.

SECTION 40-69-110. Conduct and contents of examinations; issuance of license.

The examination of applicants for licenses to practice veterinary medicine must be conducted under regulations adopted by the Board.

(1) The Board shall, except as otherwise provided herein, require the applicant to take a written examination in veterinary anatomy, veterinary surgery, veterinary physiology, veterinary pathology, veterinary obstetrics, veterinary materia medica, and veterinary practice, chemistry, and such other subjects related to veterinary medicine as the Board may require, or the Board may accept the results of the written examination conducted by the National Board of Veterinary Examiners in lieu of requiring the applicant to take a written examination given by the Board.

(2) The Board may also require that the applicant undergo a clinical, oral, or practical examination in addition to the written examination.

(3) The Board shall establish a minimum passing grade for each examination given by the Board.

If the applicant makes the minimum passing grade on the examination as established by the Board and the Board finds that the applicant is otherwise worthy, competent, and qualified, it shall issue him a license to practice veterinary medicine in this State.

SECTION 40-69-120. Issuance of license without examination; reciprocal licensing agreements.

The Board must issue a license, without written examination, to a qualified applicant who is licensed to practice veterinary medicine in another state which has a reciprocal licensing agreement with this State if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college, is in good standing in his respective state, and holds a license to practice veterinary medicine in that state. No person may be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed.

The Board shall enter into reciprocal licensing agreements with other states having substantially equivalent licensing requirements.

SECTION 40-69-130. Annual license fee; duplicate licenses.

Each person licensed by the Board shall pay an annual fee as determined by regulation of the Board. The fee is due and payable on the first day of January of each year. Failure to pay the annual fee on or before the first day of February of each year shall render the license void. Upon a showing of a reasonable explanation and payment of all sums due, the veterinarian may petition for reinstatement. The Board may assess a reinstatement fee as may be set by regulation.

The Board may also issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee set by regulation of the Board. Each duplicate license shall have the word 'Duplicate' typed or printed across the face thereof.

SECTION 40-69-140. Grounds for denial, suspension or revocation of license.

The board may deny, suspend, revoke, or restrict the license of a veterinarian or reprimand or discipline a licensee for these reasons:

(1) violating this article or a regulation promulgated by the board;

(2) using a false, fraudulent, or forged statement or document or a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

(3) failing to display a license;

(4) having caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

(5) misrepresenting the inspection of food for human consumption;

(6) using a false or fraudulent statement in a document connected with the practice of veterinary medicine;

(7) obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

(8) failing to provide and maintain facilities as directed by regulation of the board;

(9) refusing to permit the board or a legal representative of the board to inspect the business premises of the licensee during regular business hours;

(10) circulating knowingly untrue, fraudulent, misleading, or deceptive advertising;

(11) engaging in unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct, as defined in this article or prescribed by regulations of the board;

(12) engaging in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

(13) making a false statement in an oath or affidavit which is required by this article;

(14) having another state revoke a license to practice veterinary medicine in that state;

(15) being convicted on a charge of cruelty to animals;

(16) being convicted of a federal or state law relating to narcotic drugs;

(17) having a physical or mental impairment or disability which renders practice dangerous to the public;

(18) performing an act which in any way assists a person to practice in violation of this article;

(19) misusing a controlled substance for other than specific treatment of an animal patient;

(20) having employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this article, can lawfully be done only by a person holding a license to practice veterinary medicine;

(21) practicing veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

(22) having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(23) failing to report, as required by law, or making a false report of a contagious or infectious disease;

(24) being convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction.

SECTION 40-69-150. Preferring of charges against licensees; hearings; administrative review.

Any person, including the Board, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against any person licensed to practice veterinary medicine by this article.

The charges must be made to the Board, in writing, and sworn to by the person so charging and must be submitted to the secretary-treasurer of the Board. Specific procedures relating to the filing and hearing of these charges shall conform to the State Administrative Procedures Act and must be detailed in the regulations promulgated by the Board.

Any person who feels aggrieved by any action of the board in denying, suspending, refusing to renew, or revoking his certificate of registration or license may appeal therefrom to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 within thirty days after receipt of the order of the board.

SECTION 40-69-160. Reissuance and reinstatement of license.

The Board may reissue a license to or reinstate the license of a person whose license was previously revoked or suspended if a majority of the members of the Board vote in favor of such reissuance or reinstatement. The Board may assess a reinstatement or reissue fee as set by regulation of the Board.

SECTION 40-69-170. Display of license.

All persons licensed to practice veterinary medicine by the Board shall conspicuously display in the place of practice at all times a current license issued by the Board.

SECTION 40-69-180. Disposition of fees.

All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other Board source or activity must be remitted to the State Treasurer as collected when practicable, but at least once each week, and must be credited to the general fund of the State. All assessments, fees, or licenses must be levied pursuant to the State Administrative Procedures Act in an amount sufficient or at least equal to the amount appropriated in the annual general appropriations act for the Board, plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan.

SECTION 40-69-190. Annual report.

The Board shall make an annual report in accordance with the provisions of Chapter 73 of Title 40.

SECTION 40-69-200. Penalties.

Any person who practices or attempts to practice veterinary medicine for consideration in this State without first having complied with the provisions of this article, or who knowingly presents to or files false information with the Board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred nor more than twenty-five hundred dollars or imprisonment for not less than thirty days. Each act of unlawful practice shall constitute a separate offense.

SECTION 40-69-210. Injunctions; immunity of board; subpoena power.

Whenever the board has reason to believe that any person is violating or intends to violate any provision of this article, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it deems proper. No bond must be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

No member of the board or its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this article, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry.

SECTION 40-69-220. Exemptions.

No person shall engage in the practice of veterinary medicine in this State without a current and valid license for that purpose issued by the Board. Nothing in this article must be construed to prohibit:

(1) Any person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research.

(2) Any veterinarian holding a current and valid license in some other state from acting as a consultant with a licensed veterinarian of this State.

(3) Any veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or other federal agency or the State of South Carolina or political subdivision thereof from performing official duties in accordance with his employment.

(4) Any person or his regular employee from administering to his own animals, except when his ownership is so vested for the purpose of circumventing the provisions of this article and except when the employee is so employed for the purpose of circumventing the provisions of this article. However, the administration to the animal must be in compliance with all federal, state, and local laws.

(5) State or federal agencies, accredited schools, research institutions, foundations, corporations or employees thereof, which or who conduct experiments and scientific research using animals, provided the research or testing is performed in compliance with all federal, state, and local laws.

(6) Any person from performing artificial insemination to animals.

(7) Initiation of prescribed emergency procedures in life threatening situations by an animal health technician employed by a licensed veterinarian.

(8) Any merchant from selling at his regular place of business medicines, feed, appliances, or other animal health products provided all sales are done in compliance with all federal, state, and local laws and in accordance with the regulations promulgated by the Board.



SECTION 40-69-410. Definitions.

For purposes of this article:

(1) "Animal Health Technician" means a person who has received a degree in Animal Health Technology from an American Veterinary Medical Association accredited school offering a program in Animal Health Technology; this person shall be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the Animal Health Technician shall be under the direct supervision of a veterinarian duly licensed to practice in the State of South Carolina. No Animal Health Technician may diagnose disease, perform surgery, or prescribe medicine.

(2) "Direct supervision" means the guidance of the activities of the Animal Health Technician within the scope of the instructions of the licensed veterinarian in charge of the care of the animal.

(3) "Certificate" means a written statement acknowledging successful completion of the Animal Health Technician Examination or other necessary requirements as issued by the board.

(4) "Certified Animal Health Technician" means a person who is certified by the board to work as an Animal Health Technician.

SECTION 40-69-420. Powers and duties of Board.

(A) The powers and duties of the board shall include but not be limited to:

(1) promulgate regulations governing the Animal Health Technician as are necessary to enable it to carry out and make effective the purpose and intent of this article.

(2) adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity and skills relating to the Animal Health Technician.

(3) print its regulations and distribute them to all certified Animal Health Technicians.

(4) establish qualifications for persons wishing to be certified as an Animal Health Technician.

(5) pass upon the qualifications of applicants for a certificate to work as an Animal Health Technician in this State.

(6) prescribe the subject, character, manner, time and place of holding examinations and the filing of applications for examinations and to conduct the examinations.

(7) issue temporary certificates to duly qualified applicants.

(8) provide for, regulate and require all persons certified in accordance with the provisions of this article; to renew their certificate annually; to issue annual renewal certificates to such persons and to suspend or revoke the certificates to such persons who fail, refuse or neglect to renew such certificate.

(9) inspect certificate.

(B) The powers and duties of the board as provided in items (4), (11), (12), (13), (16), and (17) of Section 40-69-70 shall also apply to Animal Health Technicians.

SECTION 40-69-430. Certificate required for Animal Health Technicians; qualifications.

(A) A person wishing to work as an Animal Health Technician in this State shall obtain a certificate from the board. Unless a person obtains a certificate, it is unlawful to work as an Animal Health Technician as defined in this article.

(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is a graduate of an American Veterinary Medical Association accredited school of animal technology;

(3) has paid the required fee.

SECTION 40-69-440. Temporary certificates; certificate fee.

(A) The board may issue a temporary certificate if the applicant:

(1) meets all the qualifications and requirements of Section 40-69-430;

(2) has filed an application to take the examination;

(3) pays a temporary certificate fee which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act; this fee is in addition to the examination fee.

(B) A temporary certificate shall permit the applicant holder to work as an Animal Health Technician until the next regularly scheduled examination. Temporary certificates may not be renewed. However, a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary certificate renewed until the board is able to act on the application after the person completes the required examination.

SECTION 40-69-450. Application for examination; nonreturnable examination fee.

(A) A person desiring to take the examination for certification shall apply in writing to the board on forms prescribed by the board at least fourteen days before the examination. The fee accompanying an application must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act.

(B) Fees may not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a certificate. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C) After the board accepts an application and finds that the applicant is qualified to meet the requirements necessary to work as an Animal Health Technician, the applicant may be examined by the board at its next meeting. The board shall give notice to the applicant of the exact time and place of the examination.

SECTION 40-69-460. Examinations; subjects; grades.

(A) The examination of an applicant for certification must be conducted under the regulations adopted by the board. The board shall require the applicant to take a written examination in Animal Anatomy, Clinical Pathology, Pharmacology, Office Procedures, Radiology, Laboratory Animal Technology, Parasitology, and such additional subjects relating to Animal Health Technology as the board may require. The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually.

(B) If the applicant makes the minimum passing grade on the examination established by the board and the board finds that the applicant is qualified, it shall issue the applicant a certificate. An applicant who fails to meet the minimum passing grade or fails to maintain a current certificate may submit to reexamination at the discretion of the board. Each applicant is entitled to at least one reexamination.

SECTION 40-69-470. Certificates by reciprocity.

The board may issue a certificate, without written examination, to a qualified applicant who is certified as an Animal Health Technician in another state if the applicant furnishes satisfactory proof that he is a graduate of an American Veterinary Medical Association Accredited School of Animal Health Technology, is in good standing in his respective state, and holds a current certificate to work as an Animal Health Technician in that state.

The board is authorized to enter into reciprocal certifying agreements with other states having similar certifying requirements and the board may certify, without written examination, any person working as an Animal Health Technician in such other states.

SECTION 40-69-480. Annual renewal of certificates; renewal fee; late renewal fee; revocation; requirements for renewal; duplicate certificate; fee.

(A) The holder of a certificate must apply on January first of each year for renewal of certification. Renewal applications must be provided by the board thirty days before January first of each year. A completed application must be accompanied by an annual fee, the amount of which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act, and made payable to the secretary-treasurer of the board. If the completed application and fee is not submitted by February fifteenth of each year, a late renewal fee penalty set by the board in regulation, will be added to the annual fee. If the completed application and renewal fee is not received by March fifteenth of each year, certification of the holder will be revoked and the holder shall file for reexamination for certification. The application for renewal must be endorsed by a licensed veterinarian of this State and must include sufficient proof of continuing education as required by the board in the regulations.

(B) The board may issue a duplicate certificate to replace one that has been lost or destroyed upon payment of an amount to be set by the board in regulation. A duplicate certificate must have the word "DUPLICATE" typed or printed across the face of the certificate.

SECTION 40-69-490. Revocation, suspension or denial of certificate; probation; grounds.

The board may revoke suspend, deny, or place on probation the certificate of an Animal Health Technician, or impose any reasonable disciplinary action toward the Animal Health Technician, who, in the opinion of the board, has committed one or more of the following:

(1) Gross incompetence in connection with the performance of the duties or tasks of the Animal Health Technician;

(2) Fraud or deceit in procuring certification as an Animal Health Technician;

(3) Performing tasks otherwise than under the direct supervision of a licensed veterinarian;

(4) Conviction in any court, state or federal, of any felony;

(5) Representing himself or permitting another to represent him as a Doctor of Veterinary Medicine;

(6) Conviction on a charge of cruelty to animals;

(7) Violation of the code of conduct as adopted by the board;

(8) Any conduct in violation of this article.

SECTION 40-69-500. Filing of charges prerequisite to denial, suspension or revocation of certificate; procedures.

No action to deny, revoke, or suspend a certificate of an Animal Health Technician may be taken until the person has been furnished a statement of the charges against him by the board. Preferring of charges, hearings, appeals, and reinstatements shall be conducted by the board as stated in Section 40-69-150.

SECTION 40-69-510. Annual roster of names and places of employment of Animal Health Technicians; display of current certificate.

A complete roster that shows all the names and places of employment of Certified Animal Health Technicians in this State must be prepared annually by the board by April fifteenth of each year. This list must be filed with the secretaries of the South Carolina Association of Veterinarians and South Carolina Certified Animal Health Technician Association.

All persons certified as an Animal Health Technician must display in his place of employment at all times his current certificate issued by the board.

SECTION 40-69-520. Misdemeanor to work as Animal Health Technician without complying with article or to file false information; penalty.

Any person who works as an Animal Health Technician without first having complied with the board as provided by this article, or who knowingly presents to or files false information with the board for the purpose of obtaining a certificate, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or imprisoned for not less than thirty days.

SECTION 40-69-530. Certificate issued upon payment of fee to persons previously certificated as Animal Health Technicians.

Any person previously issued a certificate to work as an Animal Health Technician on or before August 1, 1981, by the South Carolina State Board of Veterinary Medical Examiners shall, upon payment of the required fee, be issued a certificate by the board.

SECTION 40-69-540. Animal Health Technicians complying with article not engaged in practice of veterinary medicine.

Any person performing acts as a certified Animal Health Technician in compliance with this article shall not be deemed to be engaging in the practice of veterinary medicine as defined in Section 40-69-20.